Kingsnorth 6 convicted
GreenWatch | 04.06.2009 10:14 | Climate Chaos | World
After being denied jury trial and facing lesser charges the Kingsnorth 6 were all convicted of agravated tresspass - the same offence as the Ratcliffe defendants face!
The government were, understandably, a bit disappointed, and so nine months later, twenty months after the action, they engineered a second trial in a lower court, without a jury. In English law you can’t be tried twice for the same crime without additional evidence, and there wasn’t any, and so the CPS had to charge them with a different offence, namely aggravated trespass.
The government had gone some way towards appealing the original case to the Court of Appeal, but abandoned that effort because they had a lower chance of victory than the other route of bringing rather vague new charges in front of a court without a jury. Less satisfying for them, as the original verdict remains unchallenged, but less likely to backfire.
The ‘lawful excuse’ defence isn’t available as a response to this charge, as it is specific to criminal damage. The six decided not to engage counsel for this case, as they had already proven their point in a higher court, and so there was nothing to be gained from going through the same process again in a lower court without a jury.
So, whilst you are quite correct that the six were convicted of aggravated trespass, the presiding magistrate actually didn’t hear the ‘lawful excuse’ defence.
There’s an interesting civil liberties issue here, with the removal of the right to trial by jury allowing the government to pursue people through the courts in a rather petty and vindictive manner, but it’s not really a Greenpeace issue, and so we haven’t made any effort to publicise it.
The government had gone some way towards appealing the original case to the Court of Appeal, but abandoned that effort because they had a lower chance of victory than the other route of bringing rather vague new charges in front of a court without a jury. Less satisfying for them, as the original verdict remains unchallenged, but less likely to backfire.
The ‘lawful excuse’ defence isn’t available as a response to this charge, as it is specific to criminal damage. The six decided not to engage counsel for this case, as they had already proven their point in a higher court, and so there was nothing to be gained from going through the same process again in a lower court without a jury.
So, whilst you are quite correct that the six were convicted of aggravated trespass, the presiding magistrate actually didn’t hear the ‘lawful excuse’ defence.
There’s an interesting civil liberties issue here, with the removal of the right to trial by jury allowing the government to pursue people through the courts in a rather petty and vindictive manner, but it’s not really a Greenpeace issue, and so we haven’t made any effort to publicise it.
GreenWatch
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?legal activity?
04.06.2009 10:30
which opens up loads of defences,
I think this is why they shy away from this charge against EDO people.
flim flam bam
minor clarification
04.06.2009 12:08
People were arrested on suspicion of 'conspiracy to commit aggravated trespass and/or criminal damage'.
Since no action took place, and since no-one (as far as I know) has ever been tried in any court for 'conspiracy to commit aggravated trespass' the case will most probably hinge on different legal issues from the Kingsnorth cases.
On Kingsnorth though, what a petty, pointless waste of time and money - 'nah, nah, you thought you'd won but we got you for SOMETHING!' Persecution, anyone?
laura
EDO protest
04.06.2009 12:44
I sorry to say that these tactics have proved highly effective, SmashEDO very much revolved around five key individuals who are now prevented from attending the site so evey protest is attracting less and less people this when combined with the new multiple exntrances EDO has built make blocking near impossible so the protests are far less effective than they once were.
We desperetly need new blood for the campaign which faces a real chance of dissapearing soon if not revitalised.
Smashy
Clarification of Misinformation
04.06.2009 18:04
They still are attempting to use aggravated trespass on activists as a trial two weeks ago showed. Furthermore, there have been many successful blockades since the fence and gates were put in years ago (see previous indymedia reports)
Also the highly successful Mayday demonstration and continued lively weekly and surprise noise demos plus planned future demos show that SmashEDO is as alive and active and ever. The claims by police that SmashEDO is simply a few core individuals who now cannot attend the site are completely unfounded and the tactics used by EDO and the police have done nothing to quell protest against the disgusting existence of merchants of death in Brighton.
The injunction that Smashy refers to collapsed over years ago and cost EDO over a million pounds. Protest at the factory has gone from strength to strength ever since.
The only thing that i can agree with amidst the whole plethora of misinformation that smashy is attempting to spread is that it is always good to see new people joining the fight against the arms trade.
Some dates for your diary of upcoming demonstrations around EDO/ITT:
Wednesday June 17th -Remember Gaza: outside EDO/ITT from 3.30pm (please
note the earlier starting time).
During January 2009 the Israeli army launched an attack on the civilian
population of Gaza. Over 1400 people were killed including over 300
children. EDO supply components to the Israeli army and were hence
complicit in this massacre.
On June 17th, five months after the bombing, we will be reading out the
names of all 1400 people who were killed outside of the bomb factory to
ensure that this war crime is not forgotten.
Wednesday July 1st - The History of ITT from 4pm outside EDO MBM/ITT
The ITT Corporation, which took over EDO in December 2007, have a long
history of working with fascist regimes. They worked with the Nazi regime
in Germany throughout its genocide, with Franco in Spain and with Pinochet
in Chile. On July 1st we will be re-enacting the bloody history of ITT.
Feel free to participate as creatively as you like!
Sunday July 12th - Support the Decommissioners - Peace Walk from Brighton
to Lewes Prison
Meet 11am at The Level, Brighton
Meet at the Level to walk to Lewes, where we will be holding a
demonstration outside the prison gates.
On the 17th of January, as the bombs still rained down on Gaza, six people
entered the EDO factory. They threw computers and filing cabinets out of a
first floor window and took hammers to machinery used for weapons
production. Their aim was to disable the war machine and to take action
against those who profit from the aerial bombardment of Gaza. This walk
will take place in support of the decommissoners.
Please not that the walk might change if the two people currently on
remand are bailed or moved. Keep checking www.smashedo.org.uk for updates.
Wednesday July 22nd -Bikes not Bombs - Critical Mass against EDO/ITT
Meet at 3.30pm at The Level (the ride to the factory will start at 4pm).
If you do not have a bike, just go straight to the factory as usual.
smashy?
Bullshit
04.06.2009 19:39
And remeber that as well as the special demos mentioned above, noise demos continue every Wednesday between 4-6.
One of many
Smashy is talking bollocks
04.06.2009 20:26
Nicey
Sigh
05.06.2009 08:48
If any of the above poster really are involved they will know exactly who I am referring to with the key five, if they are not then I suggest they stop posting and spreading lies.
There is nothing worng with stating the truth about the decline of the campaign and asking for new support, there is a lot wrong in lying
Smashy
well...
05.06.2009 21:56
(by the way, why would anyone bother to write a pretend reply unless they were involved in the campaign? People have too much on their hands at it is...)
One amongst Many
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